UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6156

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
versus
THEODORE O. LOFTIN,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CR-91-58-H)

Submitted:

June 17, 1998

Decided:

July 13, 1998

Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit
Judge.

Affirmed by unpublished per curiam opinion.

Theodore O. Loftin, Appellant Pro Se. Anne Margaret Hayes, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:
Theodore O. Loftin appeals the district courts order denying
his motion filed under 28 U.S.C. 2255 (1994) (current version at
28 U.S.C.A. 2255 (West 1994 & Supp. 1998)).* We have reviewed the
record and the district courts opinion and find no reversible
error. Accordingly, we affirm on the reasoning of the district
court. United States v. Loftin, No. CR-91-58-H (E.D.N.C. Jan. 4,
1996). See Lindh v. Murphy, 521 U.S. ___, 65 U.S.L.W. 4557 (U.S.
June 23, 1997) (No. 96-6298). The motions to appoint counsel and to
amend pleadings are denied. We dispense with oral argument because
the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional
process.

AFFIRMED

Although Loftin styled his motion a motion for modification

of sentence, see 28 U.S.C. 3582 (West 1994), it is more properly
construed as one brought pursuant to 28 U.S.C.A. 2255.
2